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Authors

Aditya Sondhi

Abstract

The Supreme Court in Zee Telefilms rejected the contention that the Board of Control for Cricket in India comes within the scope of the definition of 'State' as defined in Article 12 of the Constitution. The Court, by a 3:2 majority, came to the conclusion that the BCCI is essentially an autonomous non-statutory body with no declared monopoly over the game of cricket, no public function to discharge, no significant financial assistance from the Government and not being subject to what could be described as 'deep and pervasive control' by the Government. This paper seeks to analyse the more significant consequences of such a pregnant and peculiar position of law whereby the BCCI remains a non-State entity despite the Union of India viewing it as a state actor. It dwells on the need for legislative action to set right an anomaly that is now obtaining in the sphere of cricket in India, as much as it is in sports law at large.

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